Missouri Sexting Laws: Legal Consequences and Penalties

Overview of Missouri Sexting Laws

Missouri is one of the strictest states in the country when it comes to sexting involving minors. Unlike states such as Texas, Colorado, or California that have enacted specific statutes to treat teen sexting as a misdemeanor or divertible offense, Missouri has no safe harbor law for minors who exchange explicit images.

Instead, Missouri prosecutors rely on the general child pornography and obscenity statutes found in Chapter 573 of the Missouri Revised Statutes. This means that a teenager who sends a nude photo to a classmate faces the same category of felony charges as an adult who distributes child sexual abuse material (CSAM).

While juvenile courts often handle teen sexting cases with more leniency, the underlying charges remain serious felonies. Understanding these laws is essential for parents, educators, and young people across Missouri.

Possession of Child Pornography (RSMo 573.037)

The most common charge connected to receiving sexts involving a minor is "Possession of Child Pornography" under RSMo 573.037. A person commits this offense if they knowingly or recklessly possess any child pornography of a person under 18 years of age.

What Counts as Possession?

Missouri courts interpret "possession" broadly. It can include:

• Saving an image on a phone, tablet, or computer hard drive
• Having an image stored in a temporary cache file or browser history
• Keeping images in cloud accounts such as Google Photos, iCloud, or Dropbox
• Receiving an image through text message or a social media app, even without manually saving it

The key legal element is whether the person "knowingly or recklessly" possessed the material. If someone receives an unsolicited image and immediately deletes it without viewing or saving it, that generally does not satisfy the "knowing" element. However, keeping, saving, screenshotting, or forwarding the image does.

Penalties for Possession

The severity of punishment depends on the type and quantity of material:

Material	Classification	Prison Term
One still image	Class D Felony	Up to 7 years
More than 20 still images	Class B Felony	5 to 15 years
One or more videos	Class B Felony	5 to 15 years
Any amount with a prior conviction	Class B Felony	5 to 15 years

Each item of child pornography can be charged separately, meaning a person who possesses multiple images may face multiple consecutive felony counts.

Promoting Child Pornography: Sending or Sharing Images

Sending, forwarding, posting, or even showing an explicit image of a minor to another person falls under Missouri's "Promoting Child Pornography" statutes. Missouri splits this into two degrees based on the age of the minor depicted.

Promoting in the First Degree (RSMo 573.025)

Under RSMo 573.025, it is a crime to promote (distribute, present, or produce) child pornography depicting a child under 14 years of age.

• Standard Penalty: Class B Felony (5 to 15 years)
• Aggravated Penalty: If the material is knowingly promoted to a minor, the charge becomes a Class A Felony (10 to 30 years or life imprisonment)

No person convicted under this section is eligible for probation.

Promoting in the Second Degree (RSMo 573.035)

Under RSMo 573.035, it is a crime to promote child pornography depicting a minor under 18 years of age (typically applied when the subject is 14 or older).

• Standard Penalty: Class D Felony (up to 7 years)
• Aggravated Penalty: If the material is knowingly promoted to a minor, the charge becomes a Class B Felony (5 to 15 years)

No person convicted under this section is eligible for probation.

Why This Matters for Teen Sexting

When a teenager sends a nude photo to another teenager, the sender has technically "promoted" child pornography "to a minor." This elevates a standard Class D Felony to a Class B Felony. A Class B Felony carries the same sentencing range as second degree murder or first degree assault in Missouri.

Sexual Exploitation of a Minor (RSMo 573.023)

Under RSMo 573.023, a person commits the offense of sexual exploitation of a minor if they knowingly or recklessly photograph, film, videotape, produce, or otherwise create child pornography involving a minor.

This statute applies to the act of creating the material rather than possessing or distributing it. In the context of sexting, this can apply to a person who takes a nude photo of a minor, or even a minor who takes a nude photo of themselves.

• Minor aged 14 to 17: Class B Felony (5 to 15 years)
• Child under 14: Class A Felony (10 to 30 years or life imprisonment)

Furnishing Pornographic Materials to Minors (RSMo 573.040)

In some cases, defense attorneys may negotiate for a lesser charge under RSMo 573.040, "Furnishing pornographic materials to minors."

This statute makes it a crime to furnish material that is "pornographic for minors" to a person under 18. While typically intended for commercial pornography, it can sometimes serve as a plea bargain alternative to the harsher child pornography statutes.

• Penalty: Class A Misdemeanor (up to 1 year in jail and a $2,000 fine)
• Why it matters: This avoids a felony conviction and typically avoids sex offender registration, making it a crucial option in legal defense strategies for teen sexting cases

Missouri Revenge Porn Laws

Missouri addresses non-consensual image sharing through two separate statutes in Chapter 573.

Nonconsensual Dissemination (RSMo 573.110)

Under RSMo 573.110, a person commits a crime if they:

• Intentionally disseminate an image with the intent to harass, threaten, or coerce another person
• The person depicted is identifiable and is engaged in a sexual act or has intimate parts exposed
• The image was obtained under circumstances where a reasonable person would expect it to remain private
• The sender knows or should have known the person depicted did not consent to sharing

Penalty: Class D Felony (up to 7 years in prison)

Civil Remedy: The victim can sue for damages. The statute provides for a minimum award of $10,000 or actual damages, whichever is greater, plus attorney's fees.

Important Limitation: Section 573.110 specifies that the person depicted must be "at least eighteen years of age." If the victim is a minor, the offense does not fall under this revenge porn statute. Instead, it defaults to the more severe Promoting Child Pornography charges discussed above.

Threatening to Disseminate (RSMo 573.112)

Under RSMo 573.112, it is a separate crime to threaten to share someone's private sexual images in order to gain something of value or to coerce the person into acting or refraining from acting. This covers sextortion scenarios.

Penalty: Class E Felony (up to 4 years in prison)

Pending Legislation: Enhanced Sextortion Penalties (2026)

As of March 2026, the Missouri legislature has passed a bill that would increase the penalty for sextorting a minor from a Class E Felony to a Class C Felony (3 to 10 years in prison). The bill, which passed the House 134-2 and the Senate unanimously, was sent to Governor Kehoe's desk in March 2026. The legislation was named in part for Evan Boettler, a 16-year-old who died by suicide in 2024 after being sextorted online.

If signed into law, this would represent the first significant change to Missouri's penalties for image-based sexual exploitation in several years.

Missouri Felony Sentencing Chart

The following table summarizes the authorized prison terms for each felony class under RSMo 558.011:

Felony Class	Prison Term	Fine	Sexting-Related Examples
Class A	10 to 30 years, or Life	N/A	Promoting child pornography (1st degree) to a minor; sexual exploitation of a child under 14
Class B	5 to 15 years	N/A	Possession of 20+ images or video; promoting to a minor (2nd degree); sexual exploitation of minor 14-17
Class C	3 to 10 years	Up to $10,000	Sextortion of a minor (pending 2026 legislation)
Class D	Up to 7 years	Up to $10,000	Possession of single image; promoting (2nd degree); revenge porn of an adult
Class E	Up to 4 years	Up to $10,000	Threatening to share private images (sextortion)

Defenses and Romeo and Juliet Provisions

No Romeo and Juliet Exception for Images

Missouri has "Romeo and Juliet" type exceptions for consensual physical sexual contact between close-in-age minors under Chapter 566. However, these defenses do not apply to Chapter 573 offenses involving images or videos.

There is no line in any Missouri sexting statute that says "it is not a crime if the parties are within a certain number of years of age." A 16-year-old dating another 16-year-old has no automatic statutory defense for possessing a nude photo of their partner.

Available Defense Strategies

Defense attorneys in Missouri teen sexting cases typically rely on:

• Prosecutorial Discretion: Arguing that filing felony charges against a teenager does not serve the interest of justice in the specific circumstances
• Juvenile Court Diversion: Seeking informal adjustment or diversion programs within the juvenile court system rather than formal adjudication
• Lack of Knowledge: Proving the defendant did not "knowingly or recklessly" possess or promote the material, for example if it was unsolicited and immediately deleted
• Plea to Lesser Charge: Negotiating a plea to Furnishing Pornographic Materials (RSMo 573.040), a Class A Misdemeanor, instead of a felony

Unsolicited Images

If you receive an unsolicited explicit image, you generally do not commit a crime if you did not knowingly choose to possess it. However, keeping it, saving it, screenshotting it, or showing it to others satisfies the "knowing" element. The safest course of action is to delete the image immediately and not respond.

Sex Offender Registration

Missouri has strict sex offender registration requirements under Chapter 589. Convictions for Possession (573.037), Promoting (573.025 or 573.035), or Sexual Exploitation (573.023) typically require registration on the Missouri Sex Offender Registry maintained by the Missouri State Highway Patrol.

Tier System

Missouri uses a three-tier system under RSMo 589.400:

Tier	Registration Duration	Typical Offenses
Tier I	15 years	Lower-level offenses
Tier II	25 years	Mid-level offenses, including some child pornography possession
Tier III	Lifetime	Serious offenses, repeat offenders, offenses involving children under 14

Juveniles and Registration

Juveniles adjudicated delinquent for Chapter 573 offenses may be required to register, but it is not always automatic. The juvenile court has discretion based on the specific charge and the juvenile's age. However, if a teenager is certified as an adult and convicted, sex offender registration is mandatory.

Juvenile offenders aged 14 and older who commit certain qualifying offenses may be required to register under RSMo 589.400. A person required to register as a Tier III offender based on a juvenile adjudication may petition the court for removal from the registry.

Long-Term Consequences of a Sexting Conviction

Beyond potential prison time, a sexting-related charge in Missouri can have lasting effects on a young person's future:

• Education: Suspension or expulsion from school, loss of scholarships, and denial of college admission
• Employment: Difficulty finding jobs due to felony records and background checks
• Housing: Many landlords refuse to rent to individuals with sex offense records
• Military Service: A felony conviction or sex offender registration can permanently disqualify a person from military service
• Social Impact: Listing on the public sex offender registry can lead to community isolation, harassment, and long-term psychological harm
• Professional Licensing: Many professional licenses (law, medicine, education, nursing) may be denied to individuals with felony or sex offense convictions

What to Do If Charged

If you or your child faces an investigation or charges related to sexting in Missouri:

1. Do not delete evidence. Deleting images after an investigation has started can lead to "Tampering with Physical Evidence" charges under RSMo 575.100, which is a separate felony.

2. Exercise your right to remain silent. Do not speak to police, school administrators, or other parents without a lawyer present. Statements like "I didn't mean to hurt anyone" or "It was just a joke" can be used to establish the "knowing" element of the offense.

3. Contact a criminal defense attorney immediately. The Missouri Bar Association offers a lawyer referral service to help you find an attorney experienced in juvenile or criminal defense.

4. Do not contact the other party. Communication with the other person involved could be construed as witness tampering or obstruction.

5. Preserve the device. Do not factory reset or destroy the phone or computer. Turn it over to your attorney, who can advise on how to handle digital evidence properly.

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